Category Archives: Emissions

Recent Developments in Regulating Greenhouse Gas Emissions: The Supreme Court Grants EPA’s Petition for Certiorari in Transport Rule Case, and President Obama Issues Executive Directive to EPA Regarding Carbon Emissions

By Ken Irvin, David Williams, Terence Healey and Sohair Aguirre On Monday, June 24, 2013, the U.S. Supreme Court granted the petition of the U.S. Environmental Protection Agency (“EPA”) for a writ of certiorari to review the decision of the … Continue reading

Posted in CSAPR, Distressed Energy, Emissions, EPA, Power, Regulation, Renewables

Implications of the D.C. Circuit Court Decision in EPA Cross-State Air Pollution Rule

The August 21, 2012 decision of the U.S. Court of Appeals for the D.C. Circuit to vacate EPA’s Cross-State Air Pollution Rule marks a material interpretation of EPA’s authority under the Clean Air Act – an “unsettling” departure from judicial … Continue reading

Posted in Distressed Energy, Emissions, EPA, Events, Regulation, Tax

The DC Circuit Court Vacates Cross-State Air Pollution Rule

Today, in a 2-1 decision, the U.S. Court of Appeals for the D.C. Circuit issued its decision vacating the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule (CSAPR), which requires significant reductions in emissions from power plants in certain states … Continue reading

Posted in Cases, Emissions, EPA, Power, Regulation

EPA Proposes CO2 Emissions Standards for New Fossil Fuel-Fired Power Generators

By  Gregory Lawrence, Athena Eastwood, Joseph Williams and Tory Lauterbach On March 27, 2012 the Environmental Protection Agency (“EPA”) submitted for publication in the Federal Register a notice of proposed rulemaking that would set standards of performance for CO2 gas emissions for … Continue reading

Posted in Emissions, EPA, Power, Regulation, Uncategorized

FERC Staff Seeks Comments on Its Proposal for a Process to Advise the EPA

By Ken Irvin, Joseph Williams and Sohair Ahmadi On January 30, 2012, the Federal Energy Regulatory Commission (“FERC” or “Commission”) staff issued a White Paper explaining staff’s proposal on advising the Environmental Protection Agency (“EPA”) in responding to requests for … Continue reading

Posted in Emissions, FERC, Power, Regulation

MiFIR on Pre and Post-Trading Transparency for Equities, Equity-Like Instruments, Structured Products, Bonds, Emission Allowances and Derivatives

By Doron Ezickson, Nick Shiren, Alix Prentice, Adam Topping, and Ramona Simms This is the third in our series of briefings on MiFID and MiFIR. Further, we describe new obligations set out in MiFIR to make certain pre and post-trade … Continue reading

Posted in Commodity Trading, Emissions, MiFID, MiFIR, Regulation

MiFID AND MiFIR on Position Limits and Position Reporting for Commodities Derivatives and Emissions Trading

By Doron Ezickson, Nick Shiren, Alix Prentice, Adam Topping, and Ramona Simms This is the first in a series of short briefings on radical changes proposed for the regulation and conduct of investment business set out in the European Commission’s … Continue reading

Posted in Commodity Trading, Emissions, MiFID, MiFIR, Regulation

Video: Athena Eastwood Shares Her Pro Bono Experience Advising Clients in Carbon Offset Certification

Athena Eastwood shares her experiences serving as pro bono counsel advising The Clinton Foundation, the Haiti Fund Inc. and the Building Goodness Foundation in carbon offset certification. “These pro bono clients have given us an opportunity to get into a … Continue reading

Posted in Emissions, Regulation

EPA Finalizes Long-Awaited Transport Rule to Replace CAIR

On July 6, 2011, the U.S. Environmental Protection Agency (EPA) issued its final Cross-State Air Pollution Rule (CSAPR) pursuant to Section 110(a)(2)(D)(i)(I) of the Clean Air Act, 42 U.S.C. § 7410(a)(2)(D)(i)(I).  The CSAPR requires significant reductions of emissions of sulfur dioxide … Continue reading

Posted in Emissions, EPA

American Electric Power Co. v. Connecticut: The Supreme Court Bars Tort Lawsuits Challenging Greenhouse Gas Emissions

On June 20, 2011, the U.S. Supreme Court unanimously held that the Clean Air Act, and  the authority it confers on the U.S. Environmental Protection Agency (EPA) to regulate emissions of carbon dioxide and other greenhouse gases, “displaces” any federal … Continue reading

Posted in Emissions, EPA